This bill has been amended

Bill S793-2011

Makes provisions relating to retail farm operations

Makes provisions relating to retail farm operations; defines retail farm operations as a seasonal or annual enterprise operated for the purpose of selling predominantly farm and food products which are in support of agricultural production; includes retail farm operations under the definition of farm operations and the provisions of sound agricultural practices necessary for on-farm production, preparation and marketing.

Details

Actions

  • Jan 4, 2012: REFERRED TO AGRICULTURE
  • Jan 4, 2012: returned to senate
  • Jan 4, 2012: died in assembly
  • Mar 23, 2011: referred to agriculture
  • Mar 23, 2011: DELIVERED TO ASSEMBLY
  • Mar 23, 2011: PASSED SENATE
  • Mar 14, 2011: ADVANCED TO THIRD READING
  • Mar 10, 2011: 2ND REPORT CAL.
  • Mar 9, 2011: 1ST REPORT CAL.197
  • Jan 5, 2011: REFERRED TO AGRICULTURE

Votes

VOTE: COMMITTEE VOTE: - Agriculture - Mar 9, 2011
Ayes (9): Ritchie, Gallivan, O'Mara, Ranzenhofer, Seward, Young, Kennedy, Avella, Valesky
Absent (1): Montgomery

Memo

BILL NUMBER:S793

TITLE OF BILL: An act to amend the education law and the public health law, in relation to requiring cultural awareness and competence training for all medical professionals; to amend the public health law, in relation to a public health education program; and making an appropriation therefor

PURPOSE: To require cultural awareness and competence training for all medical professionals as part of their licensing requirements; creates a public education program; provides for an appropriation.

SUMMARY OF PROVISIONS: Section 1. Amends the education law by adding a new section 6505-d. Requires every physician, physician assistant, dentist, registered nurse, licensed practical nurse, podiatrist, optometrist and dental hygienist practicing in the state to complete on or before July first, 2015 and every two years thereafter, course work or training appropriate to the professional's practice approved by the department regarding cultural awareness and competence in the nondiscriminatory provision of medical services

Section 2. Amends the Public Health Law, section 2805-k (1) (f). Requires physicians, dentists or podiatrists to document the completion of cultural awareness and competency training. Prohibits hospitals or facilities from granting or renewing professional privileges if such medical professional has not completed the required training.

Section 3. Amends the Public Health Law section 206 of by adding a new subdivision 29. Authorizes the Commissioner of Health to develop and implement a statewide, community-based public health education program to reduce disparities in minority health care.

Section 4. Appropriation

Section 5. Effective Date

EXISTING LAW: None.

JUSTIFICATION: The Office of Minority Health and Health Disparities in the U.S. Centers of Disease Control (CDC) reports that:

o Even though the Nation's infant mortality rate is down, the infant death rate among African Americans is still more than double that of whites;

o Hispanics living in the United States are almost twice as likely to die from diabetes than non-Hispanic whites; and,

o American Indians and Alaska Natives suffer from diabetes at more than twice the rate of whites.

According to the New York State Department of Health "Health disparities are deep and pervasive in New York State, as they are in almost every state in the nation. Same racial and ethnic minority groups, people with law incomes and/or language barriers, people who live in underserved communities, and many others have poorer health from birth (e.g., infant mortality) to death (e.g., premature deaths). Across the lifespan, they suffer higher rates of disease and disability. And these problems begin early, adding to the erosion of opportunity for children who often face a constellation of other social and economic challenges. As a result, disparities have a devastating human and economic impact an the state.

Health Disparities in New York City: Minding the Gap (2010 New York City Department of Health and Mental Hygiene) reported that:

o Death rates are almost 30% higher in the poorest New York City neighborhoods than in wealthier neighborhoods

o Blacks and whites in the poorest neighborhoods die at higher rates than their counterparts living in richer neighborhoods

o Black, Hispanic and Asian New Yorkers are mare likely to die prematurely than whites, regardless of neighborhood income

o Gaps in death rates between blacks and whites vary by cause of death and neighborhood income

Evidence suggests that a mare culturally competent health workforce is one way to address problems associated with health care disparities by improving access to care. The Agency far Healthcare Research and Quality likewise reported "that a lack of attention to cultural issues reacts to less than optimal care and addressing these concerns or using certain cultural competence interventions leads to improved outcomes." Washington, New Jersey, California are among the states that currently require cultural awareness and competency training far its healthcare workforce.

This bill addresses the problems associated with health care disparities by requiring medical professionals to complete required course work in cultural awareness and competency training as part of their licensing requirements.

LEGISLATIVE HISTORY: 2012: S.118-A-Amended and recommit to Health/ A.1434 - A- Amended and recommit to Higher Education 2011: S.118 - Notice of Committee

Consideration Requested, Committee Discharged and Committed to Health/A.1434 - Referred to Higher Education 2009-10: S.3129 Referred to Higher Education/A.8843 - Referred to Higher Education 2007-08: S.765 - Referred to Finance

FISCAL IMPLICATIONS: $100,000 or so much thereof as may be necessary, to be appropriated from the state treasury.

LOCAL FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 793 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________
Introduced by Sens. YOUNG, RANZENHOFER -- read twice and ordered print- ed, and when printed to be committed to the Committee on Agriculture AN ACT to amend the agriculture and markets law, in relation to retail farm operations THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 11 of section 301 of the agriculture and markets law, as amended by chapter 120 of the laws of 2010, is amended and a new subdivision 17 is added to read as follows: 11. "Farm operation" means the land and on-farm buildings, equipment, manure processing and handling facilities, and practices which contrib- ute to the production, preparation and marketing of crops, livestock and livestock products as a commercial enterprise, including a "commercial horse boarding operation" as defined in subdivision thirteen of this section, a "timber operation" as defined in subdivision fourteen of this section [and], "compost, mulch or other ORGANIC biomass crops" as defined in subdivision sixteen of this section AND A "RETAIL FARM OPERA- TION" AS DEFINED IN SUBDIVISION SEVENTEEN OF THIS SECTION. Such farm operation may consist of one or more parcels of owned or rented land, which parcels may be contiguous or noncontiguous to each other. 17. "RETAIL FARM OPERATION" MEANS A SEASONAL OR ANNUAL ENTERPRISE WITH EITHER PERMANENT OR NONPERMANENT STRUCTURES THAT ARE OPERATED FOR THE PURPOSES OF SELLING PREDOMINANTLY FARM AND FOOD PRODUCTS IN CONJUNCTION WITH OR IN SUPPORT OF LAND USED IN AGRICULTURAL PRODUCTION AS DEFINED IN SUBDIVISION FOUR OF THIS SECTION. SUCH PORTION OF THE FARM AND FOOD PRODUCTS SHALL EXCEED FIFTY PERCENT OF THE GROSS ANNUAL INCOME OF SUCH RETAIL FARM OPERATION. FOR PURPOSES OF THIS SUBDIVISION, FARM AND FOOD PRODUCTS SHALL MEAN ANY AGRICULTURAL, HORTICULTURAL, FOREST OR OTHER PRODUCT OF THE SOIL OR WATER, INCLUDING BUT NOT LIMITED TO FRESH OR PROCESSED FRUITS, VEGETABLES, EGGS, DAIRY PRODUCTS, MEAT AND MEAT
PRODUCTS, POULTRY AND POULTRY PRODUCTS, FISH AND FISH PRODUCTS, APPLE CIDER, FRUIT JUICE, WINE, ORNAMENTAL PLANTS, NURSERY PRODUCTS, FLOWERS AND CHRISTMAS TREES. S 2. Paragraph b of subdivision 1 of section 308 of the agriculture and markets law, as amended by chapter 120 of the laws of 2010, is amended to read as follows: b. Sound agricultural practices refer to those practices necessary for the on-farm production, preparation and marketing of agricultural commodities. Examples of activities which entail practices the commis- sioner may consider include, but are not limited to, operation of farm equipment; proper use of agricultural chemicals and other crop protection methods; [direct sale to consumers of agricultural commod- ities or foods containing agricultural commodities produced on-farm] OPERATION AND MAINTENANCE OF A RETAIL FARM OPERATION AS DEFINED IN SUBDIVISION SEVENTEEN OF SECTION THREE HUNDRED ONE OF THIS ARTICLE; agricultural tourism; "timber operation," as defined in subdivision fourteen of section three hundred one of this article and construction and use of farm structures. The commissioner shall consult appropriate state agencies and any guidelines recommended by the advisory council on agriculture. The commissioner may consult as appropriate, the New York state college of agriculture and life sciences and the U.S.D.A. natural resources conservation service. The commissioner shall also consider whether the agricultural practices are conducted by a farm owner or operator as part of his or her participation in the AEM program as set forth in article eleven-A of this chapter. Such practices shall be eval- uated on a case-by-case basis. S 3. This act shall take effect immediately.

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